New York, NY asked in Medical Malpractice and Personal Injury for Virginia

Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

2 Lawyer Answers

A: You may have a viable case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.

The next issue is the nature and extent of the harm. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your case.

A: Being that you have clinical knowledge and have already reached opinions about the medical care, to make sure you are within the statute of limitations for filing suit -- ABSOLUTELY, seek out an attorney who has proven experience with OB cases... they are generally located in large cities where medical centers are located. Most medical malpractice attorneys handle them on contingency fee with a free initial consultation. During that consultation bring your evidence of wrong doing. Remember, violations of standards (wrong doing) alone is not sufficient for filing a lawsuit, the wrong doing must have a factual chain of events that directly lead to injury. ALSO obtain, give the attorney the benefit of your knowledge when interpreting the records. That may speed up decision making.

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